Legal Question in DUI Law in Louisiana

Misdemeanor DUI: Careless Operation; Livingston Parish, LA

I received a ticket for Misdemeanor DUI: Careless Operation in Livingston Parish, LA. This is my first offense and I have a clean record. No one was injured but me; I just lost control of the vehicle.

I woke up in the hospital in Baton Rouge and an officer asked me about submitting to a chemical test. I admitted to him that I was drunk and I couldn't take the test because I was in too much pain. I surrended my license for 6 months/180 days because I refused the test. He then told me that he was going to issue me a misdemeanor DUI ticket for careless operation. I signed some paper then he left.

My question is when I appear on the courtdate can the charge on the ticket be changed or can I get arrested on the spot because I refused the test and they were waiting on blood test results? On the ticket itself there are 3 boxs all unchecked: Blood, Urine, and Results Pending; under there he wrote N/A. I know the hospital drew my blood and took my urine and told me my blood alcohol content but I am almost positive that was all after the officer had left. I am curious as to what minimum/maximum punishments I can expect to face. Any advice and or recommendation for a lawyer would be greatly appreciated. Thank you.


Asked on 12/17/06, 7:45 pm

1 Answer from Attorneys
Andrew Casanave Andrew M. Casanave

Re: Misdemeanor DUI: Careless Operation; Livingston Parish, LA

The issues in your case are very complicated. I argued a similar case before the State Supreme Court more than ten (10) years ago.

Because the facts of this case are very unique and involve evidence laws, the State "implied consent" law, and the physician/patient privilege; I strongly urge you to seek the counsel of a very knowledgable attorney.

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Answered on 12/18/06, 8:34 am


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